“Extreme” weather has become the new normal. What were previously considered to be inexplicable and unpredictable “acts of God” can no longer reasonably be said to be so. They are acts of man. The established doctrine of contractual impracticability rests on the notion that a party may...

The European Union (EU) is a self-conscious leader in the ‘fight’ against climate change and an active proponent of an ambitious global climate regime. Nonetheless, to a significant degree its efforts have been in vain. A global agreement to extend or replace the Kyoto Protocol has not been...

The EU is engaged in an ambitious, controversial, and high-stakes experiment to extend the reach of its climate change law. It is seeking to use its market power to stimulate climate action, and to substitute for climate inaction, elsewhere. This is most apparent in relation to the EU’s...

Most of the oil wells in Nigeria are accompanied by a raging flame that burns twenty-four hours a day, reaching hundreds of feet into the sky, killing the surrounding vegetation with searing heat, emitting a deafening roar, and belching a cocktail of smoke, soot, and toxic chemicals into the air...

It is increasingly common for states to adopt climate change legislation that includes within its scope greenhouse gas emissions that occur outside of their territory. This legislation is frequently characterized as extraterritorial and its appropriateness and legality is cast in doubt. Drawing...

This chapter examines the relationship between renewable energy, especially in the form of ‘energy democracy’ initiatives, and international law. Both instruments under the United Nations Framework on Climate Change, including the Paris Agreement, and other international law instruments such...

This paper identifies some of the problems of ensuring protection of the climate as well as fair competition in World Trade Organization antidumping law. A product is dumped when the export price is lower than the price charged by the exporter on the domestic market. If the dumped prices cause...

This article explains the basic elements of climate change law, with a particular focus on those issues that promise to be important for a considerable time as well as the major factors that are driving the development of this law. The emerging law of climate change is being constructed at the...

Congress is likely to consider domestic climate change legislation during 2009, with a cap-and-trade system continuing to draw support from the Obama Administration and many leaders in Congress. Yet cap-and-trade regulations would take years for EPA to develop and implement, the desired price...

Since the Kyoto Protocol, black carbon and other non-gaseous short lived climate pollutants (SLCPs) have played little role in global climate policy making. Over the past ten years, however, there has been an increasing recognition in the climate science literature of their importance for the...